Tex. Code Crim. Proc. art. 55A.356 · Subchapter H. NOTICE AND DISPOSITION OF RECORDS FOLLOWING EXPUNCTION ORDER
INSPECTION AND DISPOSITION OF COURT'S RECORDS CONCERNING EXPUNCTION.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) Except in the case of a person who is the subject of an expunction order based on an entitlement under Article 55A.006 and except as provided by Article 55A.357, if an expunction order is issued under Subchapter E or F, the court records concerning expunction proceedings are not open for inspection by any person except the person who is the subject of the order unless:
(1) the order permits retention of a record under Article 55A.302 and the person is again arrested for or charged with an offense arising out of the transaction for which the person was arrested; or
(2) the court provides for the retention of records and files under Article 55A.302(a).
(b) The clerk of the court issuing the order shall obliterate all public references to the proceeding and maintain the files or other records in an area not open to inspection.
(c) Except in the case of a person who is the subject of an expunction order on the basis of an acquittal or an expunction order based on an entitlement under Article 55A.006 and except as provided by Article 55A.357, the clerk of the court shall destroy all the files or other records maintained under Subsection (b), other than the expunction order itself, on the first anniversary of the date the order is issued, unless the records or files were released under Article 55A.355.
(c-1) The clerk of the court shall maintain the expunction order in a confidential manner and provide a copy only to the person subject to the order after proper presentation of identification, subject to any further order from the court regarding access to the order.
(d) Repealed by Acts 2025, 89th Leg., R.S., Ch. 850 (S.B. 1667), Sec. 11(1), eff. September 1, 2025.
(e) Repealed by Acts 2025, 89th Leg., R.S., Ch. 850 (S.B. 1667), Sec. 11(1), eff. September 1, 2025.
Notes and commentary — not statutory text
History
Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.
Amended by:
Acts 2025, 89th Leg., R.S., Ch. 850 (S.B. 1667), Sec. 10, eff. September 1, 2025.
Acts 2025, 89th Leg., R.S., Ch. 850 (S.B. 1667), Sec. 11, eff. September 1, 2025.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/CR/htm/CR.55A.htm
- Text hash
- sha256 7dbfb5aaaa6044da92a03873ce6937bd331608cfb309f06cc13426f3d8ee22e6
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Code of Criminal Procedure
- Tex. Code Crim. Proc. art. 55A.006MISTAKEN IDENTITY.Printed as Article 55A.006
- Tex. Code Crim. Proc. art. 55A.302RETENTION OF CERTAIN RECORDS AFTER EXPUNCTION.Printed as Article 55A.302 | Article 55A.302(a)
- Tex. Code Crim. Proc. art. 55A.355PROVIDING EXPUNGED RECORDS TO PERSON WHO IS SUBJECT OF EXPUNCTION.Printed as Article 55A.355
- Tex. Code Crim. Proc. art. 55A.357RETENTION OF FINANCIAL TRANSACTION RECORDS.Printed as Article 55A.357
Cited by 3 provisions
Provisions in this library whose text cites Tex. Code Crim. Proc. art. 55A.356. Each shows the citation as that text prints it.
Code of Criminal Procedure
- Tex. Code Crim. Proc. art. 55A.254HEARING; NOTICE.Printed as Article 55A.356(b)
- Tex. Code Crim. Proc. art. 55A.351NOTICE OF EXPUNCTION ORDER.Printed as Article 55A.356(b)
- Tex. Code Crim. Proc. art. 55A.357RETENTION OF FINANCIAL TRANSACTION RECORDS.Printed as Articles 55A.353, 55A.354, 55A.355, and 55A.356
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.